Attorney Grievance Com'n of Maryland v. Breschi
Citation | 667 A.2d 659,340 Md. 590 |
Decision Date | 01 September 1994 |
Docket Number | No. 38,38 |
Parties | ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. George Armando BRESCHI. Misc. (Subtitle BV), |
Court | Court of Appeals of Maryland |
Melvin Hirshman, Bar Counsel, and Glenn M. Grossman, Assistant Bar Counsel, for the Attorney Grievance Commission of Maryland, for petitioner.
Domenic R. Iamele, Baltimore, for respondent.
Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.
On February 14, 1995, Bar Counsel, at the behest of the Attorney Grievance Commission Review Board pursuant to Maryland Rule BV9, filed in this Court a Petition for Disciplinary Action against George Armando Breschi, Esquire (Respondent). The Petition charges that Respondent violated subsections (a), (b) and (d) of Maryland Rule of Professional Conduct 8.4 1 by knowingly and willfully failing to file federal and state income tax returns for the years 1989 and 1990.
Pursuant to Maryland Rule BV9(b), we referred the matter to Judge J. Norris Byrnes of the Circuit Court for Baltimore County to conduct a hearing and report his findings of fact and conclusions of law on the disciplinary charges against Respondent. Judge Byrnes held the hearing on May 18, 1995; his report was filed with this Court on July 6, 1995.
Judge Byrnes found by clear and convincing evidence that Respondent had failed to file his federal 1989 tax return, had been criminally prosecuted in federal court and pled guilty to failure to file, and had been sentenced to probation but no fine:
Judge Byrnes also observed that Respondent was not criminally charged with failing to file his federal tax return for the 1990 income year, that the 1990 taxes, interest, and penalties had been paid, and that Respondent was "currently under a payment schedule for the monies due on his 1989 return."
Based on these findings of fact, Judge Byrnes concluded that Respondent had violated Rule 8.4(d). He then went on, however, to make additional findings with regard to Respondent's history, motives, and character, paraphrasing the testimony of the many illustrious members of the Maryland legal community who appeared on Respondent's behalf. After briefly introducing Respondent's background, the judge catalogued in great detail the tribulations of Respondent during the years he failed to file income tax returns. We shall quote at length from Judge Byrnes' Memorandum Opinion and Order, as his additional findings are relevant to our holding in this case:
Certiorari was denied by the United States Supreme Court.
After reviewing the above chronology of events in Respondent's life at the pertinent times, the hearing judge discussed the impact of some of those events on Respondent. He noted Respondent's testimony that, although Respondent was cognizant of and accepted responsibility for the civil penalties associated with failure to file tax returns, he never thought he would be criminally prosecuted:
Several character witnesses were called, including the widow of Respondent's former partner, his staff, several prominent lawyers, and three judges; all testified that Respondent was of high moral character, trustworthy, honest and capable. The hearing judge quoted the testimony of several witnesses, including two who noted that Respondent had still taken the time and energy to help them during this difficult period of his life.
Judge Byrnes concluded his opinion by finding deep remorse and a lack of intent on the part of Respondent, and recalling the words of one of the character witnesses, who analogized Respondent to the cobbler whose children had no shoes:
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